Senske Rentals, et al. v. City of Grand Forks
Docket Info
- Title
- Senske Rentals, LLC, a North Dakota
Limited Liability Company, and
Sierra Investments, LLC, a North Dakota
Limited Liability Company, Petitioners and Appellants
v.
City of Grand Forks, a political
subdivision of the State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
- Appeal From
-
Case No. 2021-CV-02258
Northeast Central Judicial District, Grand Forks County
John A. Thelen
Parties' Statement of Issues
-
Appellant
[1] Did the Special Assessment Commission fail to comply with the statutory requirements of Section 40-23-07, N.D.C.C. as the Commission did not determine what amount of benefit accrued to each parcel of land from the improvement it could not and did not provide any written or oral determination that the assessment against any parcel of land did not exceed the benefit which was determined to have accrued to that parcel?
[2] Can the benefit conferred on the property being assessed in this instant action be greater than that realized by any other property in the city of Grand Forks after the installation of storm sewer infrastructure? -
Appellee 1
Whether the Special Assessment Commission’s decision was arbitrary, capricious, or unreasonable.
Summary
Senske Rentals, LLC, appeals from a district court’s judgment affirming the Special Assessment Commission’s determination of a project approved by the City of Grand Forks to install a storm water pond for proper drainage in order to pave roads in a city subdivision. Senske argues the Special Assessment Commission acted arbitrarily, capriciously, and unreasonably by failing to apply the special assessment statute in making its assessments. Senske also argues the Special Assessment Commission committed an unconstitutional taking by using an improper assessment method.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 07/27/2022 | NOTICE OF APPEAL : 07/27/2022 | |
2 | 08/01/2022 | Rec'd filing fee | |
3 | 08/01/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 08/01/2022 | Notice served on DeWayne A. Johnston, Corey J. Quinton, & Jenna R. Bergman | |
5 | 08/22/2022 | ELEC. RECORD ON APPEAL DATED AUGUST 19, 2022 (ENTRY NOS. 1-12, 14-39; 13 NOT SENT) | |
6 | 09/01/2022 | MOT. EXT/TIME APPELLANT BRIEF | |
7 | 09/01/2022 | ACTION BY CLERK - Granted : 09/26/2022 | |
8 | 09/26/2022 | APPELLANT BRIEF | View |
9 | 09/26/2022 | Oral Argument Request by Appellant | |
10 | 10/06/2022 | Rec'd correction to ATB (remove inappropriate addendum) | |
11 | 10/10/2022 | Rec'd additional correction to ATB (remove inappropriate footnote) | |
12 | 10/12/2022 | APPELLEE BRIEF | View |
13 | 10/12/2022 | Oral Argument Request by Appellee | |
14 | 10/13/2022 | Rec'd 3 copies of ATB from CSD | |
15 | 10/13/2022 | Rec'd 3 copies of AEB from CSD | |
16 | 10/19/2022 | NOTICE OF ORAL ARGUMENT SENT | |
17 | 10/27/2022 | REPLY BRIEF | View |
18 | 11/01/2022 | Rec'd 3 copies of RYB from CSD | |
19 | 11/29/2022 | APPEARANCES: DeWayne A. Johnston & Jenna R. Bergman | |
20 | 11/29/2022 | ARGUED: DeWayne A. Johnston & Jenna R. Bergman | |
21 | 11/29/2022 | ORAL ARGUMENT WEBCAST |